Regional Health Authority Collective Bargaining Regulation, Alta. Reg. 80/2003

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ALBERTA REGULATION 80/2003
Labour Relations Code
REGIONAL HEALTH AUTHORITY COLLECTIVE  
BARGAINING REGULATION
Table of Contents
	1	Definitions
	2	Region-wide functional bargaining units
	3	Designation of bargaining agents and agreements
	4	Selection of eligible type of agreement
	5	Determination of bargaining rights
	6	Determination re uncontested (single union) cases
	7	Determination re uncontested (multiple locals) cases
	8	Determination re contested cases
	9	Special exercise of Board powers
	10	Conduct of votes
	11	Duty to bargain
	12	Joint bargaining agents - rules and procedures
	13	Complaints
	14	Appointment of special officer
	15	Board may make award
	16	Effect of agreement
	17	General power
	18	Extension of time
	19	Severance and termination pay
	20	Transitional - existing agreements
	21	Board's duty
	22	Expiry
	23	Coming into force


Definitions
1   In this Regulation,
	(a)	"Act" means the Labour Relations Code;
	(b)	"community health agreement" means a collective 
agreement that applies to employees in a community 
health bargaining unit established
	(i)	by a certificate issued by the Board, or
	(ii)	by the collective agreement;
	(c)	"contested" means that no single trade union or group of 
trade unions affiliated with the same parent trade union 
represents a qualifying majority of employees in the 
region-wide functional bargaining unit;
	(d)	"eligible type of collective agreement" means the 
following types of collective agreement:
	(i)	a community health agreement;
	(ii)	a mental health agreement;
	(iii)	a facilities agreement;
	(e)	"facilities agreement" means a collective agreement other 
than a community health agreement or mental health 
agreement;
	(f)	"mental health agreement" means a collective agreement 
that applies to employees who were employed by the 
Alberta Mental Health Board prior to March 31, 2003;
	(g)	"qualifying majority" means at least 80% of the 
employees in a region-wide functional bargaining unit;
	(h)	"region-wide functional bargaining unit" means a 
bargaining unit referred to in section 2;
	(i)	"uncontested (multiple locals)" means that a qualifying 
majority of employees in the region-wide bargaining unit 
is represented by a group of trade unions affiliated with 
the same parent trade union but no single affiliated trade 
union represents a qualifying majority;
	(j)	"uncontested (single trade union)" means that a qualifying 
majority of employees in a region-wide functional 
bargaining unit is represented by one trade union.
Region-wide functional bargaining units
2   Bargaining units for employees of a regional health authority 
shall consist of all employees in the health region who are 
represented by a bargaining agent and are employed in one of the 
following functional groups:
	(a)	direct nursing care or nursing instruction;
	(b)	auxiliary nursing care;
	(c)	paramedical professional or technical services;
	(d)	general support services.
Designation of bargaining agents and agreements
3   The Board shall designate one bargaining agent and one 
receiving collective agreement for employees in each region-wide 
functional bargaining unit in accordance with this Regulation.
Selection of eligible type of agreement
4(1)  The Board shall, in accordance with this section, determine 
the eligible type of collective agreement from which a receiving 
collective agreement for each region-wide functional bargaining 
unit will be selected.
(2)  The Board may require a regional health authority to provide to 
the Board, in a form acceptable to and within a time prescribed by 
the Board, a return showing the names of or numbers of its 
employees in the health region who are bound by a subsisting 
collective agreement on April 1, 2003.
(3)  Where a regional health authority fails to provide the return, 
the Board may use any information as to numbers of employees 
that it considers appropriate for the purposes of this section.
(4)  The Board shall determine the numbers of employees in the 
health region who are bound by each eligible type of agreement on 
April 1, 2003.
(5)  The Board shall identify the eligible type of collective 
agreement that is applicable to the largest number of employees in 
each region-wide functional bargaining unit on April 1, 2003 and 
shall designate that agreement as the eligible type of collective 
agreement from which the receiving collective agreement will be 
selected.
(6)  For purposes of this section, a person is an employee bound by 
an eligible type of collective agreement if the person
	(a)	is employed in a bargaining unit governed by such an 
agreement on April 1, 2003, and
	(b)	worked in that bargaining unit at any time in the period 
from March 1 to March 31, 2003.
Determination of bargaining units
5   The Board shall, with respect to each region-wide functional 
bargaining unit, determine whether the unit is uncontested (single 
trade union), uncontested (multiple locals) or contested.
Determination re uncontested (single trade union) cases
6(1)  Where a region-wide functional bargaining unit is determined 
to be of the uncontested (single trade union) type,
	(a)	the Board shall designate the trade union or local 
representing a qualifying majority of the employees in the 
bargaining unit as bargaining agent,
	(b)	if a qualifying majority of employees in the bargaining 
unit is governed by one collective agreement, the Board 
shall designate that collective agreement as the receiving 
collective agreement for employees in the bargaining unit, 
and
	(c)	if no single collective agreement governs a qualifying 
majority of employees in the bargaining unit, the Board 
shall select the collective agreement that will be the 
receiving collective agreement by means of a vote among 
employees in the bargaining unit as to which collective 
agreement they desire.
(2)  For the purposes of a vote referred to in subsection (1), the 
collective agreements are the 2 collective agreements applicable to 
the largest number of employees in the bargaining unit.
(3)  The Board shall designate the collective agreement selected by 
a majority of employees who vote as the receiving collective 
agreement for the employees in the bargaining unit.
(4)  The collective agreement that is designated by the Board under 
subsection (3) must be a collective agreement of the type 
designated by the Board as an eligible type of collective agreement 
for that region-wide functional bargaining unit under section 4(5).
Determination re uncontested (multiple locals) cases
7(1)  Where a region-wide functional bargaining unit is determined 
to be of the uncontested (multiple locals) type,
	(a)	the Board shall designate the affiliated trade unions of the 
parent trade union that together represent a qualifying 
majority of employees in the bargaining unit as a group of 
trade unions and shall name the trade unions in the group 
as joint bargaining agents, and
	(b)	the Board shall select the collective agreement that will be 
the receiving collective agreement by means of a vote 
among employees in the bargaining unit as to which  
collective agreement they desire.
(2)  For the purposes of a vote referred to in subsection (1), the 
collective agreements are the 2 collective agreements applicable to 
the largest number of employees in the bargaining unit.
(3)  The Board shall designate the collective agreement selected by 
a majority of employees who vote as the receiving collective 
agreement for the employees in the bargaining unit.
(4)  The collective agreement that is designated by the Board under 
subsection (3) must be a collective agreement of the type 
designated by the Board as an eligible type of collective agreement 
for that region-wide functional bargaining unit under section 4(5).
(5)  Where the Board names a group of trade unions as joint 
bargaining agents under subsection (1)(a) the Act applies to the 
joint bargaining agents with respect to the settlement of disputes 
and the administration of the collective agreement as if they were a 
single trade union.
Determination re contested cases
8(1)  For the purposes of this section, the Board shall consider 
trade unions affiliated with the same parent trade union to be a 
single trade union.
(2)  Where a region-wide functional bargaining unit is determined 
to be of the contested type, the Board shall determine which trade 
unions are eligible trade unions to be selected by employees in the 
bargaining unit as their bargaining agent.
(3)  For the purposes of subsection (2), a trade union is eligible to 
be selected by employees in the bargaining unit as their bargaining 
agent if, on April 1, 2003, it represents more than 20% of 
employees in the region-wide functional bargaining unit.
(4)  The Board shall require each eligible trade union to nominate 
the collective agreement that it proposes to be the receiving 
collective agreement if it is selected as the employee bargaining 
agent.
(5)  An eligible trade union shall nominate its proposed receiving 
collective agreement from between the 2 collective agreements, if  
2 agreements exist, to which the eligible trade union is a party and 
that are applicable to the largest number of employees in the 
bargaining unit.
(6)  If an eligible trade union fails to nominate a proposed receiving 
collective agreement, the Board shall designate the collective 
agreement to which the eligible trade union is a party and that is 
applicable to the largest number of employees in the bargaining 
unit as that eligible trade union's proposed receiving collective 
agreement.
(7)  After all eligible trade unions have nominated their proposed 
receiving collective agreement, the Board shall determine the 
employee bargaining agent and receiving collective agreement by 
means of a vote among employees in the bargaining unit.
(8)  The Board shall designate the trade union selected by a 
majority of employees who vote as the bargaining agent for 
employees in the bargaining unit.
(9)  The Board shall designate the successful trade union's 
proposed receiving collective agreement as the receiving collective 
agreement for employees in the bargaining unit.
(10)  The collective agreement that is designated by the Board 
under subsection (9) must be a collective agreement of the type 
designated by the Board as an eligible type of collective agreement 
for that region-wide functional bargaining unit under section 4(5).
(11)  Where the successful trade union consists of 2 or more trade 
unions considered to be a single trade union under subsection (1), 
the Board shall designate the trade unions as a group of trade 
unions and shall name the trade unions in the group as joint 
bargaining agents.
(12)  Where the Board names a group of trade unions as joint 
bargaining agents under subsection (11), the Act applies to the joint 
bargaining agents with respect to the settlement of disputes and the 
administration of the collective agreement as if they were a single 
trade union.
Special exercise of Board powers
9   In exercising its powers under section 46 or 48 of the Act for 
purposes of this Regulation, the Board may
	(a)	declare which trade union or group of trade unions is the 
bargaining agent on behalf of employees in a region-wide 
functional bargaining unit,
	(b)	declare whether an employer, trade union or group of 
trade unions is bound by proceedings under the Act and 
the extent to which those proceedings are binding upon it, 
and
	(c)	issue, amend or revoke any certificate issued to any trade 
union
before the regional health authority and the bargaining agent have 
negotiated amendments to the receiving collective agreement as 
required under section 11.
Conduct of votes
10   The Board shall conduct all votes for the purposes of this 
Regulation and, for those purposes the Board may
	(a)	by rule or otherwise prescribe all procedural matters 
respecting votes,
	(b)	make rules that are not inconsistent with this Regulation 
respecting eligibility of employees to vote in any vote, 
and
	(c)	determine questions of voter eligibility in a vote.
Duty to bargain
11   Within 30 days after the Board has designated a bargaining 
agent and a receiving collective agreement in respect of each 
region-wide functional bargaining unit, the regional health 
authority and the bargaining agent shall meet and commence to 
bargain collectively in good faith and make every reasonable effort 
to negotiate amendments to the receiving collective agreement so 
that the resulting amended agreement contains terms and conditions 
of employment for all employees in the region-wide functional 
bargaining unit.
Joint bargaining agents - rules and procedures
12(1)  Where the Board has named the trade unions in a group of 
trade unions as joint bargaining agents for employees in a 
region-wide functional bargaining unit, the trade unions in the 
group shall forthwith establish rules and procedures for the 
administration of the certificate, collective bargaining in respect of 
that certificate and the administration of any collective agreements 
entered into with the regional health authority.
(2)  If a group of trade unions fails to establish adequate rules and 
procedures as required under subsection (1), the Board may, on 
application, establish those rules and procedures and the rules and 
procedures so established are binding on each trade union within 
the group of trade unions.
Complaints
13   A trade union, a group of trade unions or a regional health 
authority may make a complaint in writing to the Board that there 
has been a failure to comply with section 11, and the Board may 
hear and adjudicate such a complaint as if it were a complaint in 
respect of non-compliance with section 60 of the Act.
Appointment of special officer
14   At any time after bargaining has commenced under section 11, 
either or both parties to bargaining may make a request to the 
Board for assistance in the negotiation process, and the Board may 
appoint any person as an officer of the Board to inquire into the 
dispute and endeavour to effect a settlement.
Board may make award
15(1)  Where the parties are unwilling or unable to negotiate an 
amended receiving collective agreement as required by section 11, 
the Board shall make an award with respect to all issues in dispute, 
and that award shall be binding on the parties to the dispute and 
shall be included in the terms of the receiving collective agreement.
(2)  In making an award under subsection (1), the Board may adopt 
any procedure that it considers appropriate and, in addition to its 
powers under the Act, it may exercise any of the powers of a 
compulsory arbitration board under Part 2, Division 16 of the Act.
Effect of agreement
16   Where the parties negotiate amendments to the receiving 
collective agreement as contemplated under section 11 or where the 
Board makes an award under section 15, the resulting agreement is 
a collective agreement that is in force for the purposes of the Act.
General power
17   In exercising its powers and carrying out its duties under this 
Regulation, the Board may conduct any inquiries, make any rules, 
require the provision of any information and determine any 
questions that it considers necessary.
Extension of time
18   Where this Regulation or an order of the Board requires that 
anything be done within a certain period of time the Board may, on 
application or of its own motion and whether before or after the 
expiry of the period, extend the period where the Board considers it 
appropriate to do so.
Severance and termination pay
19(1)  In this section, "change in governance or restructuring" with 
respect to a prescribed entity includes
	(a)	a change in the boundaries of the prescribed authority,
	(b)	a prescribed entity's ceasing to exist,
	(c)	a transfer of the responsibility for all or part of the 
operations of a prescribed entity from one prescribed 
entity to another, or
	(d)	a merger or amalgamation of 2 or more prescribed 
entities.
(2)  This section applies only in respect of employees who are 
represented by a bargaining agent.
(3)  Notwithstanding any other enactment or the terms of a 
collective agreement, where there is a change in governance or a 
restructuring of one or more prescribed entities, no employee of 
any of the entities is entitled to severance pay or termination pay or 
other compensation if the employee's position is substantially the 
same after the change in governance or restructuring as it was 
before it.
(4)  Nothing in this section precludes an employer from voluntarily 
giving an employee or former employee severance pay or 
termination pay or other compensation.
Transitional - existing agreements
20   A collective agreement that is in force on April 1, 2003 
continues in force and binds the regional health authority, the 
bargaining agent or agents and the employees until a receiving 
collective agreement comes into force by virtue of the operation of 
section 16.
Board's duty
21   The Board shall exercise its powers and carry out its duties 
under this Regulation as soon as is practically possible.
Expiry
22   For the purpose of ensuring that this Regulation is reviewed 
for ongoing relevancy and necessity, with the option that it may be 
repassed in its present or an amended form following a review, this 
Regulation expires on March 31, 2008.
Coming into force
23   This Regulation comes into force on April 1, 2003.